2026 (5) TMI 902

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....posed of at the stage of admission itself with the consent of the learned counsel for the Petitioner and the learned Senior Standing Counsel for the Respondents. 3. In this Writ Petition, the Petitioner has challenged the impugned Order dated 23.10.2024, whereby the application filed by the petitioner to stay the demand confirmed by the Assessment Order dated 18.03.2024 passed by the 2nd respondent has been allowed with the following direction :- "02. After due consideration of the facts of the case and that the assessee's appeal is pending before CIT(A), the stay is granted subject to the condition that the payment of 20% of the outstanding demand is paid in 5 instalments on or before date as per the schedule given hereunder: ....

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.... "C. GUIDELINES FOR STAYING DEMAND (i) .... (ii) .... (iii) .... (iv) .... (v) While considering an application under Section 220(6), the Assessing Officer should consider all relevant factors having a bearing on the demand raised and communicate his decision in the form of a speaking order." 7. Reading of the impugned order indicates that there is no application of mind by the 1st respondent while fixing the amount payable by the petitioner within the schedule prescribed therein. This Court has already considered similar issue in several cases, including Howden Solyvent India (P) Ltd. vs. Income Tax Officer, dated 19.09.2024, [2024] 168 taxmann.com 468 (Madras). Relevant portion of the said ....